Adams Stirling PLC


QUESTION: One of the four candidates running for the board withdrew after the ballots were mailed. Our bylaws have no provision for this situation. Is the board required to give notice to the membership so their votes are not wasted? Or do we reschedule the annual meeting and send new election materials?

ANSWER: The board is not required to reschedule the meeting and send new ballots when a candidate withdraws. Nor is it required to give notice to the membership. Even so, the board can give notice so people don't waste their votes. As for those who already voted, their ballots are irrevocable. If they voted for the candidate who withdrew, their votes are unfortunately wasted.

The two people with the highest votes (other than the former candidate) will be elected to the board. The inspector of elections should still report all vote tallies, including those for the person who withdrew. The election outcome could be different if a candidate dies, depending on when the death occurs.

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Adams Stirling PLC